Alejandro Mayorkas, Director of USCIS announced today, June 27, 2013, at an AILA conference in San Francisco, California that "we have kept records of all denied I-130s filed based on same-sex marriage and we will be acting on them."

Our law firm interprets this to mean that USCIS will start approving immigration petitions filed on behalf of same-sex marriage (gay marriage) where such marriages are recognized in the subject jurisdiction. This also extends to VAWA applicants, petitions for step-children, I-601 waivers, cancellation applications in removal proceedings, fiancée petitions etc.

This changle also applies in the context of H-1B and L visas. So long as the union takes place where gay marriage is recognized, even if couple moves to a state which bans gay marriage, the marriage will be recognized by USCIS as valid. This certainly extends to disclosure on USCIS forms, meaning such marriages must be disclosed and a divorce must take place before a new marriage will be recognized. Serious consideration should be kept in mind before filing for fiancée petitions where acknowledging a same-sex marriage would expose the immigrant spouse to danger in his or her country of origin.

Call us today if you are a legally married same-sex couple needing immigration assistance!